Disclaimer

This article provides general legal information only. It is not legal advice. The law may apply differently depending on the facts of your matter. If you have been charged, threatened with arrest, searched, had your phone taken, or told to delete footage, you should obtain legal advice from a criminal defence lawyer.

The short answer

In NSW, you are generally allowed to film police during a traffic stop, provided you do not obstruct, hinder, resist, or interfere with police while they are carrying out their lawful duties.

A traffic stop can be stressful. Many people want to record the interaction for their own protection, to keep an accurate record, or because they are concerned about what is being said or done. In most cases, filming from inside your car or from a safe position will not, by itself, be unlawful.

The key issue is not simply whether you are filming. The key issue is how you are filming.

Can you film police in public?

NSW Police material recognises that members of the public may photograph or film police officers, and incidents involving police officers, where those matters are observable from a public space, or from private property with the consent of the owner or occupier.[1]

A roadside traffic stop will usually occur in a public place or on a road-related area. That means a person can usually record what is happening, including what police say and do, provided the recording does not interfere with police performing their duties.

However, the right to film is not a licence to obstruct police, refuse lawful directions, or create a safety risk.

What should you do if you want to record?

The safest approach is to record calmly and quietly.

You should keep your phone visible, avoid sudden movements, and tell police in a calm voice that you are recording the interaction for your own records. Do not move around unnecessarily. Do not step between police and another person. Do not get out of the car unless directed or unless it is safe and lawful to do so.

A practical way to say it is:

“I am going to record this interaction for my own records. I will not interfere with what you are doing.”

That makes your position clear. It also reduces the risk that your conduct is misunderstood.

What are you required to do during a traffic stop?

If you are the driver, police may require you to produce your driver licence and state your name and home address under the Road Transport Act 2013 (NSW).[2]

You should comply with lawful requirements relating to your identity, licence, breath testing, drug testing, and vehicle-related checks. Filming police does not remove those obligations.

It is also important to understand the difference between providing required information and answering general questions. Legal Aid NSW explains that police can require your name and address in certain situations, including when you are driving a car or supervising a learner driver.[3] That does not mean you must answer every broader question police ask, such as where you have been, where you are going, or whether you have done something wrong.

If you are unsure, you can say:

“I am happy to provide my licence, name and address. I do not wish to answer any further questions without legal advice.”

Can police tell you to stop filming?

Police may ask or direct you to stop filming. Whether you must comply depends on the circumstances.

If the filming is not interfering with police, is being done from a safe position, and does not obstruct what police are lawfully doing, the mere fact that police do not want to be filmed does not automatically make the recording unlawful.

However, police do have powers to give directions in certain circumstances. Under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), police may give directions in public places where, for example, they believe on reasonable grounds that a person’s behaviour is obstructing others or traffic, constitutes harassment or intimidation, or is causing or likely to cause fear to another person.[4]

Police directions must also be reasonable in the circumstances and directed to addressing the relevant issue, such as reducing obstruction or preventing risk.[5]

If police give you a direction, the safest course is usually to comply first and challenge it later, particularly during a roadside stop. Arguing on the side of the road can escalate the situation and may create unnecessary risk.

What if police say you are obstructing them?

This is where filming can become legally risky.

Under section 60 of the Crimes Act 1900 (NSW), it is an offence to hinder or resist a police officer in the execution of the officer’s duty. The maximum penalty is 12 months imprisonment, a fine of 20 penalty units, or both.[6]

Filming alone should not amount to hindering police. But the surrounding conduct may create a problem.

Examples of risky behaviour include:

• standing too close to police while they are conducting a search or arrest;
• refusing to move when police need space to safely perform their duties;
• placing the phone in an officer’s face;
• stepping between police and another person;
• repeatedly interrupting police while they are giving directions;
• refusing to provide your licence, name or address when lawfully required;
• physically resisting police while continuing to record.

The practical point is simple: record if you wish, but do not make the recording the reason the situation escalates.

Can police take your phone?

Police do not have a general power to take your phone simply because you are filming them.

However, police may have powers to seize property in particular circumstances, including where they are exercising a lawful search or seizure power. LEPRA contains police powers relating to search, seizure and directions, and also sets out safeguards applying to many police powers.[7]

If police take your phone, you should not physically resist. Ask calmly:

“Am I required by law to give you my phone?”
“What power are you relying on?”
“Can I have your name, station and event number?”

If your phone is taken, make a note as soon as possible of the time, location, names of officers if known, what was said, and whether any footage was deleted or accessed.

Can police make you delete footage?

Police should not simply demand that you delete footage because they do not want to be recorded.

If police demand that you delete footage, do not argue aggressively. Do not physically resist. Ask what legal power they are relying on. If footage is deleted, or if you are forced to delete it, get legal advice urgently.

Footage of a police interaction may become important evidence. It may assist in defending a charge, challenging the lawfulness of a search, disputing an allegation of resisting or hindering police, or making a complaint about police conduct.

What about audio recording?

This is more complex.

In NSW, the Surveillance Devices Act 2007 regulates the use of listening devices and the recording of private conversations.[8] The Act makes it an offence in certain circumstances to use a listening device to record a private conversation, including a private conversation to which the person is a party, unless an exception applies.[9]

A traffic stop on the side of the road will often not have the same privacy character as a private conversation in a home or closed private setting. However, whether a conversation is “private” can depend on the circumstances.

The safest practical approach is this:

• do not secretly record private conversations;
• keep your phone visible where possible;
• record only what is necessary;
• avoid recording unrelated private conversations involving other people;
• do not publish footage online without considering legal and safety risks.

There is a difference between keeping footage for legal protection and uploading footage to social media. Publishing footage can raise separate issues, including privacy, identification of children or victims, contempt, defamation, or prejudice to court proceedings.

What if you are a passenger or bystander?

A passenger or bystander may also record police, provided they do not obstruct or interfere.

However, passengers and bystanders need to be careful. Police may be more likely to give a direction if someone is standing near traffic, crowding officers, interfering with an arrest, or causing a safety concern.

If you are a passenger, stay seated unless directed otherwise. If you are a bystander, keep a safe distance. Record what is visible. Do not insert yourself into the interaction.

What should you avoid doing?

If you are pulled over and recording police, avoid the following:

• do not argue about the law on the roadside;
• do not refuse to produce your licence if required;
• do not refuse a lawful breath test or drug test;
• do not put your phone close to an officer’s face;
• do not step out of the car suddenly;
• do not interfere with a search, arrest, or direction;
• do not delete footage if it may be relevant evidence;
• do not post footage online without legal advice if charges may follow.

The better approach is to remain calm, record safely, comply with lawful requirements, and obtain advice afterwards if something improper occurs.

What should you say if police object to being filmed?

You can say:

“I understand. I am recording for my own protection and I will not interfere with you.”

If police say you are obstructing them, you can say:

“I do not want to obstruct you. Where would you like me to stand?”

If police direct you to move, you can say:

“I will comply. I am not refusing your direction.”

If police ask questions beyond your identity or licence details, you can say:

“I do not wish to answer any questions without legal advice.”

Why filming can matter

Footage can be important. It may capture the words used, the timing of events, whether police gave a proper direction, whether a person complied, and whether force was used.

In criminal matters, the facts often turn on the detail. A short recording may assist in resolving disputes about what happened during a traffic stop. It may also assist a lawyer to assess whether police acted lawfully, whether evidence was obtained unlawfully, or whether charges such as resist, hinder, assault police, offensive language, or drug driving can be challenged.

Conclusion

In NSW, you can generally film police if you are pulled over, provided you do so safely and without interfering with police.

The safest position is:

Record calmly.
Keep your phone visible.
Comply with lawful directions.
Do not obstruct police.
Do not argue roadside.
Get legal advice if police take your phone, demand deletion of footage, search you or your vehicle, or charge you with an offence.

Knowing your rights is important. Exercising them calmly is just as important.

Footnotes

[1] NSW Police Force material, “Unofficial Recordings of Police Actions”, recognising that members of the public may film police officers and incidents involving police officers observable from public spaces or private property with consent.
[2] Road Transport Act 2013 (NSW), s 175, requirement for driver or rider to produce Australian driver licence and state name and address.
[3] Legal Aid NSW, “Police and my rights”, guidance on when police may require proof of identity, including when a person is driving a car or supervising a learner driver.
[4] Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 197(1), directions generally relating to public places.
[5] Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 197(2), requirement that the direction be reasonable in the circumstances for the relevant purpose.
[6] Crimes Act 1900 (NSW), s 60(1AA), offence of hindering or resisting a police officer in the execution of duty.
[7] Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 201–204B, safeguards relating to police powers, including identification, reasons, warnings and compliance requirements.
[8] Surveillance Devices Act 2007 (NSW), legislation regulating listening devices, optical surveillance devices and related recordings.
[9] Surveillance Devices Act 2007 (NSW), s 7, prohibition on installation, use and maintenance of listening devices in relation to private conversations, subject to exceptions.